64.1-45.1 - Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property.
§ 64.1-45.1. Separate writing identifying recipients of tangible personalproperty; liability for distribution; action to recover property.
If a will refers to a written statement or list to dispose of items oftangible personal property not otherwise specifically bequeathed, thestatement or list shall be given effect to the extent that it describes itemsof tangible personal property and their intended recipients with reasonablecertainty and is signed by the testator although it does not satisfy therequirements for a will. Bequests of a general or residuary nature, whetherreferring only to personal property or to the entire estate, are not specificbequests for the purpose of this section.
The written statement or list may be referred to as one which is in existenceat the time of the testator's death, may be prepared before or after theexecution of the will, may be altered by the testator at any time and may bea writing that has no significance apart from its effect on the dispositionsmade by the will. When distribution is made pursuant to such a writtenstatement or list, a copy thereof shall be furnished to the commissioner ofaccounts along with the legatee's receipt.
A personal representative shall not be liable for any distribution oftangible personal property to the apparent legatee under the testator's willmade without actual knowledge of the existence of a written statement orlist, nor shall he have any duty to recover property so distributed. However,a person named to receive certain tangible personal property in a writtenstatement or list which is effective under this section, may recover thatproperty, or its value if the property cannot be recovered, from an apparentlegatee to whom it has been distributed in an action brought for that purposewithin one year after the probate of the testator's will.
This section shall not apply to a writing admitted to probate as a will and,except as provided herein, shall not otherwise affect the law ofincorporation by reference.
(1995, c. 363.)